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FDCPA Statute of Limitation for Cause of Action in Adversary proceeding in CH-13

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Hello Forum!

My first post. I got FDCPA deficient letter was dated 5/18/10. I received it on 5/22/10. I need to file AP in my BK and FDCPA is one of Causes of Action.

5/22/11 is Sunday. Can I file this AP Complaint on Monday 5/23? Or does it have to be filed by Friday 5/20?

I would sure appreciate an answer, if someone has this knowledge.

Thanks in advance.


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Thank you for your reply usctrojanalum,

Here is a more detailed question:

There is no way, I can have 100% ready Complaint by Friday. I was thinking about filing about "3/4 baked" on other Causes of Action Complaint on Friday, but have the FDCPA Cause of Action at 100%.

Then, I'll work over the weekend on Unfair and Deceptive Practice, Unjust Enrichment, etc and file an Amended Complaint on Monday. There is no way for the other side to answer by Monday, so I think Amended Complaint may be ok?

Whatever I file in BK Court does not get entered till following business day. So what are your thoughts, or anyone else's on this subject?

I did something like this about 2 weeks ago. Judge gave me a Friday deadline. I filed what I had. Cleaned it up over the weekend and filed Amended Opposition on Monday. It worked beautiful and I got granted an Evidentiary Hearing.

I hate to keep doing this, but my lawyer just quit in the middle of this really complicated case. Court, I believe is aware that I am doing my best.

Thanks again for any advice in advance.


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Guest usctrojanalum

I'm not sure about the amended complaint part. Where I'm from you can't amend a complaint until the defendant files an answer.

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